Introduction

1. The stability of electoral law is provided for in the Code of good practice in electoral matters of the Venice Commission (CDL-AD(2002)023rev2-cor) among the “conditions for implementing” the principles of electoral law, together with the “regulatory levels” (II.2.b). It was subsequently the subject of an Interpretative Declaration adopted by the Commission in 2005 (CDL-AD(2005)043). Many opinions and reports of the Commission have referred to the electoral stability criteria and have specified them and applied them to specific cases.1 Furthermore, in 2022 the Commission’s Revised Code of good practice on referendums (CDL-AD(2022)015) has included similar principles on stability of referendum law (II.3).

2. On 3 November 2023, the Venice Commission and the University of Barcelona co-organised the 4th Scientific Electoral Experts Debates which was devoted to the topic of “The stability of electoral law”.2 This conference had been initiated by the Council for Democratic Elections – the tripartite body of the Council of Europe in charge of electoral matters, including representatives of the Venice Commission, the Parliamentary Assembly and the Congress of Local and Regional Authorities – which considered that, more than thirty years after the start of the internationalisation of electoral issues, it was high time to assess the meaning of the principle of stability of electoral law. Following the conference, the Council for Democratic Elections at its 79th meeting held on 14 December 2023 in Venice suggested to prepare a new interpretative declaration on the stability of electoral law, which could inter alia revisit the scope of the principle.

3. Mr Josep Maria Castellà Andreu, Mr Srdjan Darmanović, Mr Eirik Holmøyvik, Mr Oliver Kask, Ms Katharina Pabel and Mr Rafael Rubio Nuñez acted as rapporteurs for this revised interpretative declaration.
4. This revised interpretative declaration was drafted on the basis of comments by the rapporteurs. It was approved by the Council for Democratic Elections at its 80th meeting (Venice, 20 June 2024) and adopted by the Venice Commission at its 139th Plenary Session (Venice, 21-22 June 2024).